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REEVES v. NOOTH

A157444.

432 P.3d 1105 (2018)

294 Or.App. 711

Benjie Allen REEVES, Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

November 7, 2018.

Attorney(s) appearing for the Case

Ryan T. O'Connor , Portland, OR, argued the cause for appellant. Also on the briefs was O'Connor Weber LLP.

Peenesh Shah , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Paul L. Smith , Deputy Solicitor General.

Steven T. Wax , Janis C. Puracal , and Aliza B. Kaplan ; and Jesse Merrithew and Levi Merrithew Horst PC filed the brief amicus curiae for Oregon Innocence Project.

Before DeVore, Presiding Judge, and Lagesen, Judge, and James, Judge.

This case involves an untimely, successive petition for post-conviction relief in which petitioner alleges that he is "actually innocent" of most, but not all, of the offenses to which he pleaded guilty nearly 30 years ago. It requires us to consider whether a post-conviction petitioner's claim of "actual innocence" can provide both...

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